“New evidence uncovered in documents released by SLED pursuant to a July 2015 Freedom of Information Act request point to the fact that HCPD and SLED never intended to provide the original videotapes to the plaintiffs regardless of court orders, subpoenas or any other legal documents.”
Videotapes of the illegal arrest of Southern Holdings president James Spencer were key pieces of evidence in the lawsuit against Horry County.
Where the original tapes of the arrest could be found were issues of question from the beginning of the case.
Finally, copies of the alleged original videotapes were sent to the plaintiffs (Southern Holdings, Spencer et al) expert analyst Steve Cain in March 2004.
Cain’s analysis gave strong indication that the tape copy he analyzed had been heavily edited. Cain submitted a three-page report in March 2004, to plaintiffs’ counsel in which he noted various anomalies that indicated editing of the tape.
“All of the above anomalies collectively cast serious doubt concerning the authenticity of portions of the original videotape from which this tape was reportedly manufactured by the Horry County Police Department,” read one section of Cain’s report.
Cain furthermore said he “strongly recommended” obtaining the original tape for examination and the original VCR that was used to produce the original tape (in order to confirm the editing, which would prove evidence tampering on the part of HCPD.)
After much court wrangling about the original videotapes, they were allegedly taken to Cain’s laboratory in Wisconsin by Defendants’ attorney Robert E. Lee on October 27, 2004, pursuant to Court Order 109, issued September 7, 2004, by Judge R. Bryan Harwell.